Category: Cause: Bill of Rights

Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

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Public policy grounds: Contract – Froneman J dissent

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Reciprocal contractual obligations: Duty to disclose transfer?

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

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RICA saga continues: ConCourt hearing

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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Body corporate ban: Unlawful – external party

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...

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